Anaheim California Construction Expert Witness Directory

ANAHEIM CALIFORNIA CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

Leveraging from approximately 5000 construction defect and claims related expert designations, the Anaheim, California Construction Expert Directory provides a wide range of trial support and construction consulting services to attorneys and construction practice groups concerned with construction defect, scheduling, and delay matters. BHA provides construction claims and trial support services to the industry's leading construction practice groups, Fortune 500 builders, real estate investment trusts, risk managers, owners, as well as a variety of municipalities and government offices. In connection with in house personnel which comprise testifying architects, design engineers, construction cost and standard of care experts, the construction experts group brings specialized experience and local capabilities to Anaheim and the surrounding areas.

Kushner Company Files Suit Against Jersey City Over Delays to Planned Towers

July 10, 2018 — Associated Press - Engineering News-Record
JERSEY CITY, N.J. (AP) — Jared Kushner's family company has filed a lawsuit against a New Jersey city, saying it forced the delay of a major twin-tower project due to "political animus" toward President Donald Trump. Read the court decision
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Reprinted courtesy of Engineering News-Record
ENR staff may be contacted at ENR.com@bnpmedia.com

Measure of Damages in Negligent Procurement of Surety Bonds / Insurance

September 04, 2018 — David Adelstein - Florida Construction Legal Updates
My broker procured the wrong insurance and I am exposed to a loss. My broker failed to procure proper insurance and I am exposed to a loss. “Where the parties enter into an agreement to procure insurance and there is a negligent failure to do so, an insurance broker may be liable for damages.” The Lexington Club Community Association, Inc. v. Love Madison, Inc., 43 Fla.L.Weekly D1860a (Fla. 4th DCA 2018). The proper measure of damages in a negligent procurement of insurance claim is “what would have been covered had the insurance been properly obtained.” Id. quoting Gelsomino v. ACE Am. Ins. Co., 207 So.3d 288, 292 (Fla. 4th DCA 2016). This measure of damages in a negligent procurement of insurance claim is important because it is the measure of damages that dictates recoverable damages under this claim. Read the court decision
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Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

Type I Differing Site Conditions Claim is Not Easy to Prove

May 30, 2018 — David Adelstein - Florida Construction Legal Updates
A differing site condition claim will almost universally result in both a cost and time impact. There will be additional, unanticipated costs incurred. And there will likely be a delay requiring additional time to perform. A Type I differing site condition claim is when the contractor encounters conditions at the site different than those indicated in the contract documents. That seems easy enough to prove, right. Nope. And, I mean nope! If you don’t believe me, consider the recent decision in Meridian Engineering Co. v. U.S., 885 F.3d 1351 (Fed.Cir. 2018). Read the court decision
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Reprinted courtesy of David Adelstein, Florida Construction Legal Updates
Mr. Adelstein may be contacted at dadelstein@gmail.com

Kushner Cos. Probed Over Harassment of Low-Income Tenants

July 21, 2018 — Erik Larson - Bloomberg
Kushner Cos. is being investigated in New York over allegations the real-estate company used disruptive construction projects to harass rent-regulated tenants so they’d move out of their apartments. New York Governor Andrew Cuomo’s Tenant Protection Unit opened the probe after residents of Austin Nichols House in Brooklyn accused Kushner Cos. in a lawsuit of doing work "that released dangerous toxins into the air and created unlivable conditions for tenants, including vermin and excessive construction noise," the state said Monday in a statement. Read the court decision
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Reprinted courtesy of Erik Larson, Bloomberg

The Top 10 Changes to the AIA A201: What You Need to Know

May 24, 2018 — Christopher G. Hill - Construction Law Musings
For this week’s Guest Post Friday here at Musings, we welcome back Melissa Dewey Brumback. Melissa is a construction law attorney with Ragsdale Liggett in Raleigh, North Carolina. Aside from the fact that she is a UNC grad and fan, she’s okay! In 2017, as it does every ten years, the American Institute of Architects (AIA) updated most of its standard form contract documents, including the A201 General Conditions. This cycle, the contract changes are evolutionary in nature, not revolutionary. Even so, it is crucial to know the changes to avoid making a fatal mistake that could cost you money on a construction project. In reverse order, the top 10 changes you need to know include: # 10: Differing Site Conditions Prior editions of the A201 provided that upon encountering differing site conditions, the Contractor was to promptly provide notice to the Owner and Architect, before the conditions are disturbed, and in no event later than 21 days after the conditions were first observed. A201–2017 shortens the time for notice from 21 to 14 days. Read the court decision
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Reprinted courtesy of Christopher G. Hill, The Law Office of Christopher G. Hill
Mr. Hill may be contacted at chrisghill@constructionlawva.com

South Carolina’s New Insurance Data Security Act: Pebbles Before a Landslide?

June 13, 2018 — Richard Borden, Sedgwick Jeanite & Joshua Mooney - White and Williams LLP
The ramp-up of cybersecurity regulation, albeit in a patchwork fashion through state-level legislation, has begun. On May 18, 2018, South Carolina enacted the Insurance Data Security Act (Act), becoming the first state to pass legislation based upon the Insurance Data Security Model Law that was approved by the National Association of Insurance Commissioners (NAIC) last October. The Act makes very little change to the model law’s text, which in turn, is based on 23 NYCRR § 500, et seq., the cybersecurity regulations promulgated by the New York State Department of Financial Services in March 2017. The Act establishes stringent standards for both data security programs, and an entity’s response to a “cybersecurity event” through an organized and methodical investigation and notification to the state’s Department of Insurance. Like New York’s cybersecurity regulations, the Act requires insurers to submit to the Department of Insurance annual certification of compliance and has a ratcheted implementation of portions of the legislation on insurers and brokers operating or otherwise licensed to do business in the state. It does not create a private cause of action. Reprinted courtesy of White and Williams LLP attorneys Richard Borden, Sedgwick Jeanite and Joshua Mooney Mr. Borden may be contacted at bordenr@whiteandwilliams.com Mr. Jeanite may be contacted at jeanites@whiteandwilliams.com Mr. Mooney may be contacted at mooneyj@whiteandwilliams.com Read the court decision
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Reprinted courtesy of

Supreme Court Overrules Longstanding Decision Supporting Collection of Union Agency Fees

July 02, 2018 — Amy R. Patton, Blake A. Dillion, & Eric C. Sohlgren - Payne & Fears
In a 5 to 4 opinion, the United States Supreme Court overruled a longstanding decision which required government employees who are represented by but do not belong to a union, to pay a fair share or agency fee to cover the union's costs for collective bargaining activities. In Janus v. American Federation of State, County, and Municipal Employees, Council 31, 585 U.S. ___ (2018), the Supreme Court found that requiring such fees from nonconsenting public sector employees violates the First Amendment: "[n]either an agency fee nor any other form of payment to a public-sector union may be deducted from an employee, nor may any other attempt be made to collect such a payment, unless the employee affirmatively consents to pay." Reprinted courtesy of Payne & Fears attorneys Amy R. Patton, Blake A. Dillion and Eric C. Sohlgren Ms. Patton may be contacted at arp@paynefears.com Mr. Dillion may be contacted at bad@paynefears.com Mr. Sohlgren may be contacted at ecs@paynefears.com Read the court decision
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Human Eye Resolution Virtual Reality for AEC

July 02, 2018 — Aarni Heiskanen - AEC Business
Virtual reality opens new perspectives for communication and customer involvement in construction. Sweco, Varjo, and Teatime Research are together exploring the possibilities of VR using state-of-the-art technology. “I think that the use of VR in construction is still at a visionary stage and useful practical applications are rare,” says Niina Jaatinen, Service Manager at Sweco. “When we learned about Varjo’s exceptional technology, we thought that maybe it’s now time to start developing the really useful apps customers would yearn for.” Read the court decision
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Reprinted courtesy of Aarni Heiskanen, AEC Business
Mr. Heiskanen may be contacted at info@aepartners.fi

ANAHEIM CALIFORNIA CONSTRUCTION EXPERT WITNESS DIRECTORY AND CAPABILITIES